Obtaining an employment contract for an indefinite period
There are a number of ways in which a fixed-term employment relationship can be turned into an employment contract for an indefinite period, and how this can sometimes be done without your intervention. It can happen that, due to the entrepreneur's non-compliance with legal regulations, a fixed-term employment relationship becomes a permanent one.
Consultants make a multitude of suggestions for entrepreneurs on how they can prevent them from getting out of a fixed-term contract employment contract an employment relationship is for an indefinite period. Knowing these suggestions can be useful for you.
This is how a fixed-term employment contract becomes a permanent one
- The company concludes an employment contract with you that contains a specific date of employment and is limited to one year.
- If the boss asks you to start beforehand (before the actual hiring date), you agree. If you actually start working for the company on the earlier date, you have concluded an employment contract with the company for an indefinite period.
- Even if the entrepreneur is of the opinion that with the fixed term of the employment contract he meets all the requirements of the part-time and Has fulfilled the Temporary Employment Act, the extra work agreed with you ensures that you have all rights from an open-ended employment relationship can assert.
- If the entrepreneur does not agree on the employment contract with you in writing, he may, since verbally concluded employment contracts are permitted by law. However, the agreement of a time limit must be made in writing.
Anyone who has a fixed-term employment contract hopes for an indefinite contract ...
Companies should prevent employment relationships for an indefinite period of time
Below you will find arguments that entrepreneurs should heed when entering into employment contracts.
- Entrepreneurs always conclude an employment contract with you as an employee, including a fixed-term agreement, in writing.
- Entrepreneurs may need a reason, in some cases not.
- Employees should always start work on the agreed date. Backdating or the start of a contract after the actually agreed start of work will inevitably lead to an open-ended employment contract. As an employee, you are employed by the company for an indefinite period of time.
Even if you have a fixed-term employment contract, you still have the rights of an employee. If necessary, contact your works council. Because this must agree to a time limit and an extension (Section 99 of the Works Constitution Act).
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